Loading...
HomeMy WebLinkAboutItem No. 13 Extension Moratorium Cannabis Land UsesCity of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake - elsinore.org °"` In - City Council Agenda Report File Number: ID# 19 -750 Agenda Date: 9/22/2020 Version: 1 Status: Approval Final In Control: City Council / Successor Agency File Type: Council Public Hearing Agenda Number: 13) Extension of a Previously Approved 45 -day Moratorium on the Acceptance and Processing of Entitlement Applications for Cannabis - related Land Uses for an Additional Five (5) Months and 21 Days Adopt AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING URGENCY ORDINANCE NO. 2020 -1437 FOR AN ADDITIONAL 5 MONTHS AND 21 DAYS AND CONTINUING FOR THIS PERIOD THE TEMPORARY PROHIBITION AGAINST THE ACCEPTANCE AND PROCESSING OF ENTITLEMENT APPLICATIONS FOR CANNABIS - RELATED LAND USES. City of Lake Elsinore Page 1 Printed on 911712020 CITY OF ^ LAI-E LSIn0RT DREAM FXTREME REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared By: Justin Kirk, Assistant Community Development Director Date: September 22, 2020 Subject: Extension of a Previously Approved 45 -day Moratorium on the Acceptance and Processing of Entitlement Applications for Cannabis - related Land Uses for an Additional Five (5) Months and 21 Days Recommendation Adopt AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING URGENCY ORDINANCE NO. 2020 -1437 FOR AN ADDITIONAL 5 MONTHS AND 21 DAYS AND CONTINUING FOR THIS PERIOD THE TEMPORARY PROHIBITION AGAINST THE ACCEPTANCE AND PROCESSING OF ENTITLEMENT APPLICATIONS FOR CANNABIS - RELATED LAND USES. Background On August 11, 2020, by a unanimous vote, the City Council adopted an interim urgency ordinance imposing a 45 -day moratorium on the acceptance and processing of new entitlement applications for cannabis related land uses. On August 25, 2020, by a unanimous vote, the City Council confirmed an interim urgency ordinance imposing a 45 -day moratorium on the acceptance and processing of new entitlement applications for cannabis related land uses and directed staff to meet with the Cannabis Subcommittee. Discussion Pursuant to Government Code Section 65858, a city council may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension requires a four - fifths vote, at a noticed public hearing. As directed City staff met with the Council Cannabis Subcommittee to discuss the current status of cannabis businesses in the community and how best to move forward. This discussion focused on: Cannabis Uses Moratorium September 22, 2020 Page 2 • Potential proliferation and concentration of cannabis uses in manufacturing zones in excess of the legislative expectations at the time of adopting the City's cannabis use ordinance (Chapter 17.156 of the Lake Elsinore Municipal Code) and their impacts. • Limited impacts of the four operational facilities; no code enforcement complaints. • Due to the limited number of facilities, four (4) of 16 entitled and currently in operation, the potential individual and cumulative impacts are not fully known. • It is anticipated that four (4) additional businesses are to open by the end of the year, which should provide additional information into the impacts of the uses in the surrounding industrial parks. • Clarification on direction to not process modifications to existing permitted uses that would result in an expansion of the use; internal modifications that could be approved administratively ok to process. Because of the limited operational facilities and the number of facilities anticipated by the end of the year, the Subcommittee recommended to extend the moratorium for a total period of approximately six (6) months. Further direction was provided to continue monitoring and studying the uses, return to the Subcommittee with the additional information and provide recommendations on program and process changes. In order to complete the requested tasks, the Subcommittee and staff recommend extending the moratorium for additional five (5) months and 21 days, which would bring the item back before the City Council in early 2021. The Subcommittee's findings and determinations are outlined in the attached Report. Environmental Impact The proposed regulations will place a temporary moratorium on the acceptance and processing of new entitlement applications for cannabis related land uses and does not include any direct or related action which would have a significant effect on the environment. Accordingly, the proposed ordinance is exempt from the CEQA based on CEQA Guidelines Sections 15061(b)(3), 15262 and 15306. Section 15061(b)(3) exempts actions where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Section 15262 exempts actions involving only feasibility and planning studies for possible future adoption of an ordinance that has not yet been prepared or adopted. Section 15306 exempts actions consisting of basic data collection, research, experimental management, and resource evaluation activities which do not result in a serious or major disturbance to an environmental resource. Fiscal Impact Costs related to this action have been included in the adopted budget for Fiscal Year 2020 -21. No additional or new funds are required to be allocated as part of this action or implementation of the moratorium. Exhibits A — Subcommittee Report B — Draft Ordinance City Council Cannabis Subcommittee Report September 10, 2020 The City Council Cannabis Subcommittee has evaluated the City Council findings in connection with Ordinance No. 1437 adopted on August 11, 2020 and additional information presented by City staff and makes the following findings and determinations: (a) the City has made a conscientious effort to plan for specific uses within all zone districts and to anticipate conflicts between competing land uses in order to protect the public's health, safety and welfare; and (b) for the benefit of applicants and residents of the City alike, it is critical that appropriate regulations to implement the General Plan Land Use Element objectives and policies are established within the City's Zoning Ordinance; and (c) the circumstances and conditions that led to the adoption of Ordinance No. 1437, which are set forth in the recitals of Ordinance No. 1437 and are fully incorporated herein by this reference, have not been alleviated and continue to create the concerns described in Ordinance No. 1437; and (d) the proliferation and potential concentration of cannabis businesses within existing manufacturing zones could result in the creation of negative secondary effects; and (e) the City must protect the long -term integrity and viability of manufacturing facilities and promote and encourage commercial and industrial economic diversity under its General Plan Land Use Element; and (f) the City cannot ensure that the City's objectives and policies will be implemented properly without understanding the impacts of cannabis related land uses and cannot complete a meaningful study and evaluation of those potential adverse impacts with only 4 of the 16 approved cannabis businesses operating and an additional 5 applications under review; and (g) there exists a current and immediate threat to the public health, safety and welfare because the proliferation and concentration of cannabis businesses may be in conflict with the contemplated general plan implementing regulations and development standard proposals that the City is considering or intends to study within a reasonable time; and (h) in order to allow time for the City to consider and study the impacts of cannabis related land uses and possible amendments to the Lake Elsinore General Plan and the City's Zoning Code, specifically Lake Elsinore Municipal Code Chapter 17.156 and implementing regulations effecting specific development standards necessary and appropriate to ensure that cannabis related land uses are regulated in a way that protects the community and complies with applicable law, the City Council finds a temporary moratorium suspending the acceptance of new applications for cannabis - related land uses is necessary and now seeks to extend the temporary moratorium under Ordinance No. 1437; and (i) the purpose for extending Ordinance No. 1437 is to avoid the potentially significant adverse impacts to the public's health, safety, and welfare described in Ordinance No. 1437; and 0) although Government Code section 65858(a) allows the City Council to extend the moratorium for an additional 10 months and 15 days, the Subcommittee recommends a shorter extension of 5 months and 21 days will be sufficient and directs the Community Development Department to study the impacts of cannabis businesses and consider possible means of preventing adverse impacts related to the proliferation and /or concentration of cannabis businesses, including zoning -based regulations and other regulations; and (k) there is no feasible alternative to enactment of this interim moratorium that will satisfactorily mitigate or avoid the impacts to the public health, safety and welfare with a less burdensome or restrictive effect; and (1) during the extended moratorium period, no entitlement application for a cannabis - related land uses, including proposed new uses and expansion of existing uses will be accepted for processing. ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF LAKE ELSINORE ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 TO EXTEND URGENCY ORDINANCE NO. 1437 FOR AN ADDITIONAL 5 MONTHS AND 21 DAYS AND TO CONTINUE FOR THIS PERIOD THE TEMPORARY PROHIBITION AGAINST THE ACCEPTANCE AND PROCESSING OF ENTITLEMENT APPLICATIONS FOR CANNABIS RELATED LAND USES Whereas, the City of Lake Elsinore Zoning Code, Title 17 ( "Zoning Code ") is an implementation measure of the General Plan which provides zoning criteria for specific uses intended to carry out the policies and programs of the General Plan; and Whereas, in 2017, the City Council of the City of Lake Elsinore ( "City Council ") amended the Zoning Code by adopting Ordinance No. 1383 adding Chapter 17.156 which authorized cannabis businesses to operate within designated zoning districts; and Whereas, at the time of the adoption of Ordinance No. 1383, it was anticipated that 10 cannabis businesses would each typically utilize the full microbusiness license of 22,000 interior square feet with a total development area for all cannabis businesses of 220,000 square feet; and Whereas, Section 17.156.040(F) of the Lake Elsinore Municipal Code provides for up to 10 cannabis businesses within the City's manufacturing districts and, further, provides for additional cannabis business sites upon a finding of public convenience; and Whereas, since the adoption of Ordinance No. 1383, the City Council has approved 16 conditional use permits for cannabis businesses with a total area of approximately 150,000 square feet; and Whereas, three pending applications for new cannabis business uses and two pending applications by existing approved cannabis businesses requesting modifications were submitted prior to the August 11, 2020 City Council meeting and are currently under review by Community Development staff; and Whereas, Government Code section 65858 allows the City Council to adopt as an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated zoning proposal that the City Council, the Planning Commission, or the Community Development Department intends to study within a reasonable time; and Whereas, on August 11, 2020, the City Council determined that there was a need to act immediately in order to protect the public safety, health, and welfare from a concentration and potential proliferation of cannabis uses in excess of the legislative expectations at the time of adopting Ordinance No. 1383 and, pursuant to Section 65858 of the California Government Code, adopted an interim urgency ordinance imposing a 45 -day moratorium on the acceptance and processing of new entitlement applications for cannabis related uses; and Whereas, on August 25, 2020, the City Council confirmed its adoption of Urgency Ordinance No. 1437 and its findings and determination thereunder imposing a 45 -day moratorium on the acceptance and processing of new entitlement applications for cannabis related uses; and Ordinance No. Page 2 of 5 Whereas, in accordance with Section 65858(a) of the California Government Code, Ordinance No. 1437 shall expire and be of no further force and effect forty -five (45) days from its date of adoption, or September 25, 2020; and Whereas, Section 65858(a) of the California Government Code provides that prior to the expiration of Ordinance No. 1437, the City may extend Ordinance No. 1437 for up to an additional ten (10) months and fifteen (15) days after giving notice pursuant to Section 65090 of the California Government Code and conducting a public hearing; and Whereas, in accordance with Government Code Section 65858(d), prior to the September 22, 2020 noticed public hearing, the Council Cannabis Subcommittee issued a written report describing the measures taken and to be taken to alleviate the circumstances and conditions that led to the adoption of Ordinance No. 1437 ( "Council Report "); and Whereas, on September 22, 2020, at a duly noticed Public Hearing, the City Council considered the Council Report as well as the staff report and other evidence presented by the Community Development Department and other interested parties and based thereon has determined there is a need to extend the temporary prohibition on the acceptance and processing of entitlement applications for cannabis related land uses as currently authorized under Ordinance No. 1437. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY ORDAINS AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recitals are true and correct and are hereby incorporated into the body of this Ordinance as substantive findings of the City Council. Section 2. Findings. The City Council further finds and determines as follows: (a) the City has made a conscientious effort to plan for specific uses within all zone districts and to anticipate conflicts between competing land uses in order to protect the public's health, safety and welfare; and (b) for the benefit of applicants and residents of the City alike, it is critical that appropriate regulations to implement the General Plan Land Use Element objectives and policies are established within the City's Zoning Ordinance; and (c) the circumstances and conditions that led to the adoption of Ordinance No. 1437, which are set forth in the recitals of Ordinance No. 1437 and are fully incorporated herein by this reference, have not been alleviated and continue to create the concerns described in Ordinance No. 1437; and (d) the proliferation and potential concentration of cannabis businesses within existing manufacturing zones could result in the creation of negative secondary effects; and (e) the City must protect the long -term integrity and viability of manufacturing facilities and promote and encourage commercial and industrial economic diversity under its General Plan Land Use Element; and (f) the City cannot ensure that the City's objectives and policies will be implemented properly without understanding the impacts of cannabis related land uses and cannot complete a Ordinance No. Page 3 of 5 meaningful study and evaluation of those potential adverse impacts with only 4 of the 16 approved cannabis businesses operating and an additional 5 applications under review; and (g) there exists a current and immediate threat to the public health, safety and welfare because the proliferation and concentration of cannabis businesses may be in conflict with the contemplated general plan implementing regulations and development standard proposals that the City is considering or intends to study within a reasonable time; and (h) in order to allow time for the City to consider and study the impacts of cannabis related land uses and possible amendments to the Lake Elsinore General Plan and the City's Zoning Code, specifically Lake Elsinore Municipal Code Chapter 17.156 and implementing regulations effecting specific development standards necessary and appropriate to ensure that cannabis related land uses are regulated in a way that protects the community and complies with applicable law, the City Council finds a temporary moratorium suspending the acceptance of new applications for cannabis - related land uses is necessary and now seeks to extend the temporary moratorium under Ordinance No. 1437; and (i) the purpose for extending Ordinance No. 1437 is to avoid the potentially significant adverse impacts to the public's health, safety, and welfare described in Ordinance No. 1437; and (j) adoption of this Ordinance and the extension of Ordinance No. 1437 are necessary for the current and immediate protection of the public health, safety, and welfare of the City and its residents for all the reasons set forth in Ordinance No. 1437 and set forth herein; and (k) there is no feasible alternative to enactment of this interim moratorium that will satisfactorily mitigate or avoid the impacts to the public health, safety and welfare with a less burdensome or restrictive effect. Section 3. Imposition of Moratorium. Pursuant to section 65858 of the California Government Code, adoption of this Ordinance shall constitute an extension of Ordinance No. 1437 for period of an additional five (5) months and 21 days, ending on March 16, 2021. During the extended moratorium period adopted by this Urgency Ordinance, no entitlement application for a cannabis - related land use, including proposed new uses and expansion of existing uses shall be accepted for processing. For purposes of this Ordinance, "cannabis related land use" means any cannabis business as defined by Lake Elsinore Municipal Code Section 17.156.030. Section 4. Study. The City Council hereby directs the Community Development Department to study the impacts of cannabis businesses and consider possible means of preventing adverse impacts related to the proliferation and /or concentration of cannabis businesses, including zoning - based regulations and other regulations. Section 5. CEQA Exemption. The City Council finds and determines that the adoption of this Ordinance is exempt from the application of the California Environmental Quality Act, Public Resources Code Section 21000 et seq., pursuant to Sections 15061(b), 15262 and 15306 of the State CEQA Guidelines, 14 California Code of Regulations Section 15000, et seq Section 6. Severability. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable. Ordinance No. Page 4 of 5 Section 7. Effective Date. This Urgency Ordinance shall be immediately effective upon adoption by a four - fifths vote of the City Council and shall extend the moratorium enacted by Ordinance No. 1437 effective as of August 11, 2020. Section 8. Certification. The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be posted or published as prescribed by law. Passed and Adopted on the 22nd day of September 2020 by a four - fifths vote of the City Council. Brian Tisdale, Mayor ATTEST: Candice Alvarez, MMC, City Clerk Ordinance No. Page 5 of 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Urgency Ordinance No. _ was adopted at a regular meeting of the City Council of the City of Lake Elsinore held on the 22nd day of September, 2020 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Candice Alvarez, City Clerk